ONLY INJURY LAW

Finding out if you have a personal injury case involves assessing the cause of your injury and whether it is due to another person’s actions or negligence. A personal injury case arises when one party fails to act with reasonable care and harms another person. Key indicators that you may have a valid case include:

1. Injury or Harm: You need to have suffered injury or harm. This can be physical or emotional.
2. Negligence: The injury must have been caused by someone else’s negligence. Negligence means that the person failed to exercise reasonable care.
3. Causation: There must be a link between the negligent action and your injury. This means proving that the injury would not have occurred but for the other party’s actions.
4. Damages: You must have incurred damages, which could be medical expenses, lost wages, pain and suffering, or other losses.

In a personal injury claim, you can recover various types of damages, which are categorized as either general or special.

General damages compensate the injured party for their personal pain and suffering or loss of enjoyment of life. These may include:

• Medical Expenses: Hospital costs, surgeries, visits with a doctor, therapy, medicine, and any future medical care related to the injury.
• Wages: Reimbursement of the income you lost as a result of your injury. This can also include loss of earning capacity if your injury affects your ability to work in the future.
• Out-of-Pocket Expenses: These can include parking and mileage for driving to and from doctor appointments, as well as housekeeping.

Special damages can be recovered for any provable losses that have been or will likely be incurred as a result of your injuries. These are calculated based on the amount of the loss, the duration of that loss, and the likelihood of that loss happening.

The timeframe in which you must file is known as the statute of limitations. In Ontario, the statute of limitations for most personal injury cases is two years from the date of the injury. However, this is not universally true, and there are several important considerations within this timeline:

1. Discovery Rule: In some cases, the injury or its cause may not be immediately apparent. The statute of limitations may begin from the date you reasonably should have discovered the injury.
2. Minors: If the injured party is a minor, the statute of limitations is typically extended. It usually begins when the minor reaches the age of 18.
3. Government Entities: If your claim is against a government entity, the timeframe to file a claim may be much shorter, often within a few days or months. Specific notice requirements also apply.

The actions you take immediately following an accident can significantly impact your health and your potential personal injury claim. Here are some steps you should consider following:

1. Seek Medical Attention: Your health is the top priority. Even if you feel mostly fine, some injuries may not manifest symptoms immediately. A medical professional can evaluate your condition and provide necessary treatment.
2. Report the Accident: Notify the appropriate authorities about the accident. For car accidents, this means calling the police. For workplace injuries, inform your supervisor and complete an incident report.
3. Document the Scene: If you are able, take photos of the accident scene, your injuries, and any property damage. These can serve as valuable evidence later.
4. Gather Information: Collect contact information from any witnesses and get the insurance details of the other parties involved.
5. Notify Insurance: Let your provider know about the incident, but avoid offering detailed accounts until you consult with a lawyer.
6. Avoid Making Statements: Do not admit fault or apologize, as these statements can be used against you. Be cautious about discussing the accident with anyone other than your lawyer.
7. Contact a Personal Injury Lawyer: A lawyer can provide immediate advice on protecting your rights and beginning the process of filing a claim. At our firm, we offer a free consultation to discuss the specifics of your accident and advise on the best course of action.

Negligence is a key component of many personal injury cases and is determined by establishing four main components:

1. Duty of Care: Did the defendant have a responsibility to act carefully toward the plaintiff? For instance, drivers must obey traffic laws and drive safely.
2. Breach of Duty: Did the defendant fail to fulfill this responsibility by not acting as a reasonable person would? This could be through their actions (like speeding) or their lack of actions (like not fixing a known danger, such as poorly designed stairs).
3. Causation: Did the defendant’s breach of duty cause the injuries? This means showing the injury wouldn’t have happened without the defendant’s actions and that those actions contributed to the harm.
4. Damages: Did the plaintiff endure harm, such as medical costs, lost income, or pain and suffering, because of the defendant’s breach?

Proving negligence requires a thorough investigation and the gathering of substantial evidence. This evidence may include:

• Eyewitness Testimony: Statements from people who saw the accident or the events leading up to it.
• Expert Testimony: Input from experts such as medical professionals, accident reconstructionists, or safety experts.
• Medical Records: Documentation of your injuries and treatment.
• Accident Reports: Official reports filed by police or workplace safety authorities.
• Photographic Evidence: Photos of the accident scene, injuries, and property damage.

If an insurance company offers you a quick settlement, be cautious. While it might seem tempting, these initial offers can be much lower than what you deserve. Here are some key points to consider:

1. Evaluate the Offer: The first offer from an insurance company is often just a starting point. It might not cover all your medical bills, lost wages, and other damages. Check if the offer compensates you for all your losses, such as potential future losses you can’t assess accurately.
2. Consult a lawyer: Before accepting any settlement, talk to a personal injury lawyer. Our team can review the offer, estimate the true value of your claim, and advise you on the next steps.
3. Consider Future Expenses: Initial offers often overlook future costs like ongoing medical care and long-term treatment. Any settlement you consider should include these future expenses.
4. Don’t Rush: Insurance companies might push you to accept a quick settlement, but take your time. Evaluating the offer and exploring your options can lead to a better outcome. Most settlements are full, final, and forever, meaning they can’t be undone even if your condition or injuries worsen in the future.
5. Negotiate: If the first offer isn’t enough, your experienced lawyer can negotiate with the insurance company for a better deal. 

The length of a personal injury case can vary. Some cases are resolved in a few months, while others take several years. Here are the main factors that can affect how long your case will take:

• Medical Recovery: Maximum medical recovery (MMR) is when your condition has stabilized, and no major improvement is expected. If your injuries are serious or your recovery is slow, your case may take longer.
• Case Complexity: More complex cases, like those with severe injuries, multiple parties involved, or disputed liability, generally take more time to resolve.
• Settlement Negotiations: How willing the parties are to negotiate and reach a fair settlement affects the timeline. 
• Court Schedules: If your case goes to trial, the court’s schedule can significantly impact the timeline.
• Legal Processes: Various legal steps, like discovery (where both sides gather and share information), depositions, and pre-trials and mediations, can extend the timeline.

In personal injury cases, a contingency fee arrangement helps make legal representation accessible. Here’s how it works:

• No Upfront Costs: With a contingency fee agreement, you don’t pay any legal fees upfront. Your lawyer only gets paid if they win your case.
• No Win, No Fee: If your lawyer doesn’t win your case, you owe no legal fees.
• Transparency: Our tenured lawyers will explain the contingency fee structure clearly, including potential additional costs.

Yes, you can still file a claim even if you are partially at fault for the accident. Ontario follows a “comparative negligence” or “contributory negligence” rule, which allows you to recover damages as long as you are not entirely at fault. Here’s how it works:

• Percentage of Fault: The court determines the proportion of fault attributable to each party. 
• Reduction of Damages: Your compensation will be adjusted based on the percentage you are at fault.
• Multiple Parties: In cases involving multiple parties, the fault is apportioned among all parties. Each party’s liability and corresponding compensation are adjusted according to their degree of fault.
• Insurance Adjustments: When filing a claim with an insurance company, the adjuster will also consider contributory negligence.
• Legal Representation: Proving and contesting fault can be complex. Our tenured personal injury lawyers can navigate these complexities, present evidence effectively, and argue for a fair distribution of fault to ensure you receive the largest settlement possible.

Supporting a personal injury claim requires a comprehensive collection of evidence to establish the defendant’s liability and the extent of your damages. Key types of evidence include:

• Medical Records: Detailed records of your injuries, treatments, and medical expenses are crucial. These documents provide proof of the severity and impact of your injuries.
• Accident Reports: Official reports, such as police reports or workplace incident reports, provide an objective account of the accident and can include important details about the cause and responsible parties.
• Witness Statements: Testimonies from witnesses who saw the accident or the events leading up to it can corroborate your version of events and provide additional perspectives on the defendant’s actions.
• Photographs and Videos: Visual evidence of the accident scene, your injuries, and any property damage are important. Photos and videos captured immediately after the incident are valuable.
• Expert Testimony: Experts can provide specialized knowledge to support your claim. For instance, medical experts can testify about the extent of your injuries and future care needs, while accident reconstruction experts can explain how the accident occurred.
• Employment Records: Documentation of your lost wages and any impact on your ability to work can help quantify your economic losses. This can include pay stubs, tax returns, and statements from your employer.
• Personal Documentation: Journals or diaries detailing the daily impact of your injuries can provide a personal account of your pain and suffering damages.
• Receipts and Bills: Keep records of all expenses related to the accident, including medical bills, transportation costs for medical appointments, and costs for any assistive devices or home modifications.

Not necessarily. Many personal injury cases are resolved through settlements before reaching trial. However, the need to go to court depends on several factors:

1. Settlement Negotiations: A significant number of personal injury cases are settled out of court through negotiations between your lawyer and the insurance company or the defendant’s legal team. Settlements can occur at any stage of the process, from after filing the claim to just before trial.
2. Mediation and Arbitration: These are dispute resolution methods that can facilitate an agreement without going to court. Mediation involves a third party that facilitates the negotiations, while arbitration involves a binding decision by an arbitrator.
3. Trial: If a fair settlement cannot be reached, the case could go to trial. Going to court involves exhibiting your case to a judge or a jury, who will then make a decision. A trial can be a long and complex process, but it is sometimes necessary to secure fair compensation.
4. Preparation: Even if your case is likely to settle, it’s important to prepare as if it will go to trial. At Bergeron Clifford, we prepare all cases for trial to give our clients the best chances of securing fair compensation in and out of court. 
5. Your Decision: Ultimately, the decision to accept a settlement or go to trial is yours. Our tenured team will provide advice based on the strengths of your case, potential outcomes, and your best interests.

Expert witnesses can be very important in personal injury cases. They can provide knowledge and opinions that can help establish key aspects of your claim. Their testimony can influence the outcome of your case. Here’s how expert witnesses can contribute:

• Medical Experts: Doctors or surgeons explain your injuries, treatment, and recovery prospects in simple terms for judges and juries.
• Accident Reconstruction Experts: They analyze evidence like vehicle skid marks and witness reports to determine accident details and fault.
• Economic Experts: These analysts calculate financial impacts such as lost wages and future medical costs, helping quantify losses.
• Vocational Experts: They assess how injuries affect your job prospects and earning potential, offering insights on career adjustments.
• Psychological Experts: Psychologists discuss emotional impacts like PTSD and anxiety from accidents, aiding claims for emotional distress.
• Engineering Experts: Engineers clarify product defects or construction failures that led to injury, providing technical insights.
• Life Care Planners: They develop long-term care plans for serious injuries, estimating costs for ongoing medical needs.

If you win your personal injury case, your compensation is based on various factors that measure both financial and personal losses:

• Medical Expenses: These include hospital bills, surgeries, medications, therapy, and future treatments related to your injury.
• Lost Wages: Compensation for any income you have lost during your recovery period, including wages, bonuses, and other missed earnings.
• Loss of Earning Capacity: If your injury affects your ability to work long-term, you may receive compensation for reduced future earning potential based on factors like age, occupation, and skills.
• Pain and Suffering: Compensation for physical and emotional pain caused by your injury, calculated based on the severity and duration of your suffering.
• Family Law Act Damages: Compensation for the impact on your relationships with your spouse or family, including loss of companionship, affection, and support.
• Punitive Damages: Awarded in cases of extreme misconduct by the defendant to punish and prevent similar behaviour in the future.

Selecting the right personal injury lawyer can significantly impact your case’s outcome. Here’s what to consider:

• Experience: Our team of lawyers has done thousands of cases over the past 25 years. We know the judges, opposing lawyers, and the insurance companies, and they know us. 
• Reputation: We invite you to explore reviews and testimonials from past clients of our firm. Our positive reputation indicates reliability and competence.
• Specialization: Our lawyers specialize in personal injury law. It’s all we do at Bergeron Clifford.
• Communication: Each of our lawyers communicates clearly and promptly. We explain legal terms, update you on your case, and address your questions.
• Resources: Our well-equipped law firm has numerous resources and five offices across Ontario. Our resources enable us to handle complex cases effectively.
• Personal Connection: Trust your instincts. When meeting with our firm, our team will listen to your concerns and try to understand your goals.
• Contingency Fees: Our personal injury lawyers work on a contingency basis, meaning we only get paid if you win.

In many personal injury cases, you may be required to undergo a medical examination by an independent doctor, often referred to as an Independent Medical Examination (IME). This examination serves several purposes:

1. Verification of Injuries: The IME provides an objective evaluation of your injuries and their severity. It verifies the extent of your injuries and how they are caused by the accident.
2. Assessment of Treatment: The independent doctor will assess the appropriateness and necessity of your current and future medical treatments. This helps determine the reasonableness of your medical expenses.
3. Determination of Disability: The IME can evaluate any temporary or permanent disabilities resulting from your injury and how they impact your ability to work and perform daily activities.
4. Causation Analysis: The examination may include an analysis of whether the injuries were caused by the accident and how they relate to any pre-existing conditions or other contributing factors.
5. Insurance Purposes: Insurance companies often request an IME to verify your claims independently. The results of the IME can influence the insurer’s decision regarding your compensation. Our lawyers will work carefully to safeguard this process.

Handling medical bills while your personal injury case is pending can be challenging. We have many strategies to manage these expenses:

• Health Insurance: If you have health insurance, we will help maximize it to cover your medical bills. Your health insurer may seek reimbursement from your settlement, but this allows you to receive necessary treatment without upfront costs.
• Worker’s Compensation: If your injury occurred at work, workers’ compensation should cover your medical bills. This includes immediate and ongoing medical expenses related to your injury.
• Negotiating with Providers: Some healthcare providers may be willing to delay billing or offer a payment plan while your case is pending. We can inform them that you have a pending personal injury claim and help negotiate a manageable arrangement.
• Medical Liens: Some providers may agree to treat you on a lien basis, meaning they will defer payment until you receive a settlement or verdict. The provider will place a lien on your settlement so they can be paid once your case is resolved.
• Letters of Protection: Your lawyer can issue a letter of protection to your medical providers, promising that their bills will be paid out of your settlement or judgment. This can help you receive the necessary treatment without immediate payment.
• Litigation Loan: We can assist you in obtaining third-party financing for your ongoing needs.

Yes, family members can file claims for emotional distress after an accident, depending on the circumstances and the jurisdiction. In Ontario, these are claims for loss of care, guidance, and companionship under 5.61 of the Family Law Act. 

Family members, such as spouses, parents, children, and sometimes siblings, may be eligible to seek compensation for the loss they experience when a loved one is injured or killed due to someone else’s negligence. These claims acknowledge the emotional suffering and disruption that such events cause in a family’s life. 

Claimants must establish a close relationship with the injured person and demonstrate how the accident negatively affected their lives, whether by losing the injured person’s companionship, guidance, or assistance. Compensation may be awarded to cover emotional distress, therapy costs, and even financial support lost as a result of the accident, depending on the case.